This would not be admitted in a trial but may be admitted on an appeal. This could be allowed as an AMICUS BRIEF, which is testimony from parties interested in the case.
2007-01-03 15:55:25
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answer #1
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answered by syaw10 3
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First of all, that would depend on the Petition. I don't know what an AMICUS BRIEF is. That is Case Law and I don't like to deal with Case Law, but it certainly is not a Petition. The Constitution of the United States clearly states in the 1st. Amendment, in part, "and to petition the Government for a redress of grievances." And inasmuch as the Court system is part of the Judicial system, the Court is Government.
Petitions are to be filed in the Court of original Jurisdiction. That means the Judge has to respond to the Petition. If the Judge does not, charges can be filed against him/her for Misfeasance, Malfeasance, or Nonfeasance of Office, or all three. That is in the United States Criminal Code. It even gives the penality for each. Almost all Attorneys do not know that and those that do are not inclined to use it. Why? Because they are Officers of the Court and do not want to lose their jobs because that is where they make their money, through the Court.
The Constitution of the United States, Article 6, Cla.2. states,"This Constitution,and the Laws of the United States which shall be be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land' and the Judges in every State shall be bound thereby, andy Thing in Contrary notwithstanding." Constitutional Law is above Case Law, Municipal Law, Tort, etc.etc. You don't have to go to Law school for 4 years to learn that. All you have to do is to understand and apply what you read.
Also, if a Judge does not want to respond to the Petition, you can file a Writ of Mandamus forcing him to do so.
I did get a little off base with the question. The answer is YES, if it is written right, signed right, and co-signed right.
2007-01-03 16:43:43
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answer #2
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answered by gyro-nut64 3
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While it would not be legally binding the judge may take it into consideration when making a decision.
2007-01-03 14:43:59
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answer #3
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answered by thrill88 6
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YOU HAVE TO GET IT ADMITTED INTO THE CASE FIRST. IF THE JUDGE ACCEPTS IT, YOU CAN ADMIT IT. OTHER THAN THAT FORGET IT. KEEP IT FOR AN APPEAL.
2007-01-03 14:39:15
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answer #4
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answered by strike_eagle29 6
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that's a little vague. and probably a little simplistic. alot of people really wanting something doesn't make it legal. or illegal.
2007-01-03 14:42:17
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answer #5
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answered by nobudE 7
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